The car was bought by the woman s family, but the divorce agreement was given to the man, and the wo

First of all, according to article 31 of the Marriage Law and article 11, paragraph 3 of the Marriage Registration Regulations, a divorce agreement is an agreement or opinion reached by the parties on matters such as child support, property and debt disposal through mutual agreement and expression. That is to say, the divorce agreement signed by the parties at the time of divorce has legal effect, and in principle, it is binding on both parties, and both parties must perform it.

Secondly, if the parties renege on the divorce agreement signed by the parties after the divorce, they can take the form of litigation to resolve it within one year. According to Article 8 of Interpretation (II) of the Marriage Law, "the clauses on the division of property in the divorce agreement or the agreement reached by the parties on the division of property as a result of the divorce shall be legally binding on both the man and the woman.

Where a dispute arises between the parties arising from the performance of the above-mentioned property division agreement, the people's court shall accept it. At the same time, according to the Marriage Law and relevant judicial interpretations, if a man and a woman repent on the issue of property division within one year after the divorce by mutual agreement, and request to modify or revoke the property division agreement, the people's court shall accept it. Where, after trial, the people's court does not discover that there was fraud or coercion at the time of entering into the property division agreement, it shall reject the parties' litigation claims in accordance with law.

That is, if the parties divorce by mutual agreement and reach an agreement on the division of property, if the division agreement is reversed and it is believed that there are circumstances such as fraud or coercion that affect the true expression of intent, they may file a request within one year after the divorce by agreement, and may request the people's court to modify or revoke the divorce agreement.

You're cheating. If something happens to the car that hasn't been transferred, it's yours. Divorce agreements are protected by law. If it is explicitly mentioned that the car belongs to the man, then you will not return.

Divorce is a major event, after two people sign a divorce agreement, one party is likely to regret and not perform the divorce agreement signed before, and in such a situation, you can apply for enforcement. If it has been written in the divorce agreement that the car belongs to the man, but the woman has not transferred the ownership, first of all, the man must negotiate with the woman, and stipulate a minimum period, if the woman has not fulfilled as promised, then the man can sue the woman and require the woman to fulfill the divorce agreement.

Before signing the divorce agreement, both parties must reach an agreement on property distribution, debt division and child custody, etc., it is best to hire a professional divorce lawyer to deal with it, so as to ensure that their interests are maximized Before signing the agreement, you must carefully read the relevant content, two people must communicate carefully, do not sign it and then regret it, after all, once the divorce agreement is signed, it has legal effect, and both husband and wife should perform and abide by the divorce agreement.

If the husband and wife sign the divorce agreement, one party has fraud and coercion, etc., even if the husband and wife have divorced, the other party can also sue the court again to request a re-division of the property, if there is no longer any legitimate reason for not complying with the divorce agreement, one of the husband and wife can sue through the court to deal with, apply for enforcement, two people from the tens of millions of people together is a kind of fate, so the husband and wife must cherish the feelings of the two people, We must do a good job of gathering and dispersing.

Now the divorce rate in China is getting higher and higher, the main reason is that the cost of divorce is getting lower and lower, many young people like fast food love, the two parties do not fully know each other, and then choose to get married, and after marriage, they find that they are not suitable for each other, and often quarrel because of some small contradictions, so before getting married, you must think clearly, after getting married, don't divorce impulsively at will, marriage is a very sacred thing, it needs to be maintained by two people.

After the divorce registration is postponed, the divorce agreement takes effect, and both parties shall perform in accordance with the provisions of the divorce agreement, and if the car is owned by the man, the woman shall cooperate with the husband to go through the transfer formalities in accordance with the agreement.

If the woman refuses to cooperate, the man can file a property dispute lawsuit after the divorce, and after the court decides that the vehicle belongs to the man, the man can apply for compulsory enforcement and go through the procedures for the transfer of ownership of the vehicle.

If the woman does not leave the house, the man can also sue the woman, and then the court will be sentenced to enforce it, so that the woman must transfer the property.

After such a situation occurs, if the other party can sue through the law, this is because the other party's behavior has already touched the law, but Wang Xuansong did not implement the relevant regulations of the court.

In this case, we can choose to appeal again, because the woman's behavior is very excessive and will also cause certain impacts.

After the divorce of the husband and wife, the joint property of the husband and wife needs to be divided, and if the husband and wife sign a divorce agreement, the real estate and car during the existence of the marital relationship of the husband and wife need to be divided. What should I do if the divorce agreement states that the car belongs to the man after the divorce of the husband and wife, and the woman is unwilling to transfer the ownership? I think there are the following main aspects.

Since it is a husband and wife, it is better to get together and disperse.

1: It is illegal for the woman not to be in the household. The woman has signed and agreed that the car will be returned to the man, and there is no repentance.

The woman is reluctant to transfer the property, and the man tries to negotiate with her through the terms of the divorce agreement, and if necessary, he can ask a lawyer to come forward.

2: The man directly sues the court and requires the woman to carry out the procedures for the transfer of ownership of the vehicle.

If the man and the woman fail to reach an agreement, the man can directly file a lawsuit with the local court to protect his legitimate rights and interests.

Three: The woman is at a loss, and the car will have to be returned to the man sooner or later, so it is best not to go to court, as the impact on both parties is not good.

Since the divorce agreement has written that the car belongs to the man, the woman must transfer the property in accordance with the relevant legal procedures, and the court will enforce the refusal to perform. Since it is a husband and wife, it is better to get together and disperse.

What should I do if the divorce agreement states that the car belongs to the man after the divorce of the husband and wife, and the woman is unwilling to transfer the ownership? If you have anything else you would like to add, please leave a message below the comment area. If you also agree with this article, remember to like and follow.

The South can file a lawsuit with the court to enforce the law, so that the woman can return the car to the man.

If the man can go to the lawsuit, the court will still make a judgment and enforce it according to some circumstances, so that he can get what he deserves.

You can negotiate with the woman, and if you can't negotiate, you can apply for an appeal and apply to the court for enforcement.

After the divorce of the husband and wife, the car belongs to the man, but the woman refuses to go through the transfer procedures, the specific handling method is as follows:

1. Apply for compulsory enforcement. If the divorce was filed before, and the court ruled that the vehicle belonged to the man, and the woman did not cooperate with the transfer formalities now, she could apply to the court for compulsory enforcement. The court will issue a notice of assistance in enforcement to the DMV, and the problem can be resolved smoothly.

2. Prosecution and settlement.

If it is an agreed divorce, you can sue for post-divorce property dispute resolution. The woman sued and asked her to cooperate with the transfer procedures. Because the divorce agreement is very clear, the judge will support the man's claim.

If the woman still does not cooperate with the case after the judgment, the husband can apply to the court for compulsory enforcement with the judgment.

Divorce has the following legal characteristics:

1. The dissolution of marriage is premised on the existence of a lawful marital relationship. Divorce is the dissolution of a legally valid marriage, and both parties to the marriage must meet the substantive and procedural requirements of marriage. Where a man and a woman who do not meet the requirements for marriage request a "divorce" after being married, it is not to be handled as divorce.

2. The subject of the dissolution of the marriage relationship is the parties to the marriage. The dissolution of marriage reflects the will of the parties and can only be carried out by the parties themselves. However, if the spouse of a person who lacks capacity for civil conduct has acts of abuse, abandonment, or other conduct that seriously harms the personal rights or property rights and interests of the party without capacity for civil conduct, other persons with guardianship qualifications may request a change in the guardianship relationship in accordance with special procedures, and if the party who lacks the capacity for civil conduct files a divorce lawsuit after the change, the people's court shall accept it.

3. The dissolution of marriage shall comply with the statutory conditions and procedures for divorce. Divorce agreements reached between the parties to a marriage on their own, or divorce agreements reached under the auspices of the parties' units, mass organizations, residents' (villagers') committees, grassroots mediation organizations, and other relevant departments, do not produce the legal effect of divorce. The parties need to go through the divorce formalities in accordance with the legal procedures, otherwise the legal effect of the divorce will not occur.

4. The dissolution of marriage will produce a series of legal consequences of divorce. The termination of the marriage relationship will lead to a series of consequences, such as the termination of the personal relationship between the husband and wife, the liquidation of joint property, the change of the method of child support, and the settlement of joint debts.

Article 1092 of the Civil Code of the People's Republic of China: Where one of the husband and wife conceals, transfers, sells, destroys, or squanders the joint property of the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to encroach on the property of the other party, when the joint property of the husband and wife is divided in divorce, the other party may receive a smaller share or no share. After the divorce, if the other party discovers that he or she has committed the above-mentioned acts, he or she may file a lawsuit with the people's court to request that Zaiyan Wuzhen divide the joint property of the husband and wife.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1077 Within 30 days from the date on which the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority.

Within 30 days after the expiration of the period provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.

Article 1078:Where the marriage registration authorities ascertain that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property, and debt disposition, they shall register and issue a divorce certificate.

Summary. Hello, dear, you can take the divorce agreement signed by both parties to the court to sue.

What should I do if the divorce by agreement says that the car belongs to the man, but the woman does not go to the house?

Hello, dear, you can take the divorce agreement signed by both parties to the court to sue.

Executed by the signature of the court.

This divorce agreement, signed on the basis of equality and voluntariness between the parties, is legally valid.

It is binding on both parties.

Her failure to cooperate is a unilateral breach of contract, and she needs to bear the trust of breach of contract.

After the divorce, the woman asked the man to transfer the house, and the man had no time for various reasons, and the woman gave him the risk of Zhiqi for 2 years. The man has been driving the car for 2 years, and now he is still in the man, and now he is asking for a judgment on the transfer of ownership of the woman, and the woman wants an explanation, and the man sues the woman.

The car belongs to the man.

It is the woman who transfers the property to the man.

Yes. Then you said that the woman did not go to the house, and you said that the man was procrastinating.

In the end, if the tax is not paid, then who is in unilateral breach of contract.

After the divorce, the man drove the car and said that he had no time to transfer the house, and the woman took the risk for him for 2 years.

If the man deliberately did not get out of the house at the beginning of the divorce.

Right. Then the woman needs to provide evidence to prove that the man breached the contract first.

There are recordings. Therefore, he does not have to bear the liability for this breach of contract, and he can propose moral compensation to the man for these two years.

The two parties negotiated the amount of collective compensation, and the negotiation failed to reach a judgment by the oil court.

Approximately how much.

There is no uniform standard for this, it depends on the level of per capita monthly income in your city.

If one party is unable to attend (especially the original owner), it is recommended to bring a legally valid divorce agreement approved by the court or the marriage registration management department to show the ownership of the property. In the case of confirming the ownership of the vehicle and confirming that both parties are aware, the vehicle ownership transfer procedure is the same as that of an ordinary personal vehicle transfer, and the vehicle registration certificate, driving license, and ID cards of both parties need to be brought when going through the transfer procedures. (1) Theoretically speaking, the verdict can be issued in court after the trial, but it cannot be done in reality.

At present, cases that are generally tried according to summary procedures are completed within three months from filing to judgment, and within six months if they are ordinary procedures. Article 146 of the Civil Procedure Law, Several Provisions of the Supreme People's Court on Strictly Implementing the System of Time Limits for Case Trial, Article 2: The trial of cases under summary procedures shall be completed within 3 months from the date on which the case is filed; (2) The number of court sessions depends on the complexity of the case, and it is not necessary to hold several court sessions; (3) the first-instance judgment does not need to be withdrawn; (4) Where the people's courts apply the summary procedures to hear a case, they shall complete trial within three months of the date on which the case is filed. People's courts applying the ordinary procedures shall conclude trial within 6 months of the date on which the case is filed.

Where there are special circumstances that require an extension, it may be extended for six months with the approval of the president of that court; where an extension is still necessary, it shall be reported to the people's court at a higher level for approval; (5) First, there should be a real seal of the court in form, but the facts and content of the case should be true. According to Article 11 of the Marriage Registration Regulations, mainland residents who apply for divorce registration shall present the following documents and supporting materials: (1) the household registration booklet and ID card of the Benga Chanbi people; (2) the person's marriage certificate; (3) a divorce agreement signed by both parties.

Secondly, according to Article 5 of the Opinions of the Ministry of Civil Affairs on Several Issues Concerning the Implementation of the Marriage Registration Regulations, Chanju stipulates that if a party applying for divorce registration loses one marriage certificate, the marriage registration authority may register the divorce on the basis of another marriage certificate; If both marriage certificates of the parties are lost, the marriage registration authority may handle the divorce registration on the basis of the marriage registration file or the proof of marriage registration records provided by the parties. The parties concerned shall make a written explanation of the loss of the marriage certificate, which shall be filed by the marriage registration authority.

Through the above, I believe you have a certain understanding of the issue of car transfer procedures for divorce by agreement. Remember to bring the vehicle registration certificate, driving license, and ID cards of both parties when going through the transfer procedures.

According to Article 1087 of the Civil Code, which came into effect on January 1, 2021, in the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party. The rights and interests enjoyed by the husband or wife in the contracting and management of family land shall be protected in accordance with law. Article 240:Owners enjoy the right to possess, use, benefit from, and dispose of their immovable or movable property in accordance with law.